This case has been cited 2 times or more.
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2009-12-23 |
VELASCO JR., J. |
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| The foregoing positive testimony of AAA, as well as the rage that went into it, are badges of truth and sincerity. When the offended party is of tender age and immature, as here, courts are inclined to give credit to her account of what transpired, considering not only her relative vulnerability but also the shame and embarrassment to which she would be exposed if the matter to which she testified is not true.[20] Judging from her live birth certificate,[21] AAA was 15 years old at the time of the incident, barely 16 or 17 when she took the witness stand in 2000. It is settled that when a girl, more so when she is in her early teens, says she has been raped, she says in effect all that is necessary to prove that rape was committed, and if her testimony meets the test of credibility, that is sufficient to convict the accused.[22] As it were, AAA's testimony as to her hideous experience in the hands of appellant deserves full faith and credit, given as it were in a straightforward and candid manner, unshaken by rigid cross-examination and bereft of inconsistencies, or contradictions in material points.[23] | |||||
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2007-04-13 |
CALLEJO, SR., J. |
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| The CA affirmed the findings of the trial court. It is settled that the trial court's evaluation of the credibility of witnesses is viewed as correct and entitled to the highest respect because it is more competent to so conclude, having had the opportunity to observe the witnesses' demeanor and deportment on the stand, and the manner in which they gave their testimony.[38] Unless the trial court ignored, misinterpreted or misunderstood facts and circumstances of substance which, if considered, would reverse or modify the outcome of the case, its findings on the credibility of witnesses will not be disturbed.[39] Moreover, when a rape victim testifies in a straightforward and candid manner, unshaken by rigid cross-examination and unflawed by inconsistencies, or contradictions on material points, the testimony should be given full faith and credit.[40] And in view of the intrinsic nature of rape, the only evidence that can be offered to prove the guilt of the offender is the testimony of the offended party.[41] | |||||